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Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Removal from register - Procedural requirements before removal

178: Objection to removal from register

You could also call this:

"Objecting to a society being removed from the official list"

Illustration for Incorporated Societies Act 2022

You can object to a society being removed from the register. You must give your objection to the Registrar before the date in the notice. You can object for several reasons, including if you think the society should still exist. You can object if you believe the reasons for removal are not true. You can also object if the society is still operating or is involved in a legal case. Other reasons for objecting include if the society is in receivership or liquidation, or if you have a claim against the society. If you are objecting because you have a claim, the rules from section 321(2) of the Companies Act 1993 apply. You might need to prove your objection with documents or a statutory declaration. The Registrar can ask you to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101070.

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Topics:
Business > Industry rules
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177: Notice of intention to remove from register, or

"Warning: Society Might Be Removed from the Register"

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179: Objections under section 178(1)(a) to (d), or

"What happens if you object to a society being removed"

Part 5Removal from register, amalgamation, liquidation, and other processes
Removal from register: Procedural requirements before removal

178Objection to removal from register

  1. If a notice is given under section 177, any person may deliver to the Registrar, not later than the date specified in the notice, an objection to the removal on any 1 or more of the following grounds:

  2. that the grounds for removal relied on by the Registrar do not exist; or
    1. that the society is still operating or there is a proper reason for it to continue in existence; or
      1. that the society is a party to a legal proceeding; or
        1. that the society is in receivership, or liquidation, or both; or
          1. that the person is a creditor or another person who has an undischarged claim against the society; or
            1. that the person believes that there exists, and intends to pursue, a right of action on behalf of the society under Part 4; or
              1. that, for any other reason, it would not be just and equitable to remove the society from the register.

                1. For the purposes of subsection (1)(e) and section 188(1)(a)(iv), section 321(2) of the Companies Act 1993 applies with all necessary modifications as if the society were a company.

                2. An objection must, if required by the Registrar, be verified by the production of original documents or certified copies of original documents or by statutory declaration.

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